Chapter 6: Question 2
Alyssa Chamberlain
Bloomsburg University
Chapter 6: Question 2 “You have the right to remain silent. Anything you say can and will be used against you in a Court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand these rights as they have been read to you?” (What, 2015). Today these Miranda Rights are common knowledge, a staple in our Criminal Justice system that binds the rules and regulations together. From the arrest to either a conviction or acquittal, the Miranda Rights have been involved in all of it, but they affect whether or not one thing can happen; an interrogation. According to the dictionary an interrogation is
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Although physical torture is now illegal, it does not stop police from using other methods of psychological deception. One of the most popular methods is showing the suspect falsified or fabricated evidence, otherwise known as a false-evidence ploy (FEP). There are three categories: demeanor, testimonial and scientific. A study done in 2007 showed that ninety-two percent of a sample of 631 policemen used FEPs to gain a confession (Forrest, 2012). Demeanor FEPs are characterized by the behavior of the suspect and using those assumptions to determine whether or not he or she is guilty. Sayings such as “We can tell the way you’re acting that you are not innocent” and “You don’t seemed surprised or sad that he is dead” show that detectives and police use the suspects appearance and behavior to specify guilt, even though there is no evidence proving it. Testimonial FEPs are one of the most common and consist of eyewitnesses, video surveillance or a co-conspirator that puts them at the place and time of the crime. In 2009 Nash and Wade conducted a study showing the power behind this kind of FEP. All of the participants signed and admission of guilt when viewing a falsified video recording or even the threat that there might be incriminating evidence. Scientific FEPs are viewed as the most deceptive and coerced due to their seemingly undeniable nature. These include fingerprints, DNA, medical reports and other forensic evidence. In a survey it was
To develop an experimental paradigm to study the influence of psychologically based interrogation techniques on true and false confessions.
In this article, Richard Leo examines false confession cases, investigating the wonder of false confessions, the effect of confessional proof, and the reasons for false confessions. Police interrogations can be intimidating to people who are in desperate situations. Some people are bullied into making false confessions and end up getting convicted, even though they are innocent. If the Court convicts someone using testimonies and confessions, the defendant didn’t get the right to a fair trial.
e Report, for Resource Utilisation, Witness Accuracy and Psychological Methods for Detection and Successful Prosecution.
Miranda rights are part of a routine police procedure in the United States that ensures that suspects in police custody are informed of their rights before questioning. This was a landmark decision of the United States Supreme Court after, Miranda, a suspect of rape and kidnapping was sentenced to 20-30 years imprisonment without being informed of his constitutional rights before interrogation. The court ruled that statements made in response to interrogations by a defendant in a police custody will be admissible at trial if only the prosecution can show that the defendant was informed of the right to consult an attorney and the right against self-incrimination.
Determining a false confession proves difficult due to the multitude of dimensions involved. According to Kassin and Wrightsman’s (1985) survey of the literature, there are three main types of false confessions—voluntary, coerced-compliant, and coerced-internalized. Unlike coerced false confessions, voluntary false confessions arise as a result of someone willingly turning themselves into the police with an account of their crime (McCann, 1998). Voluntary false confessions can result from multiple motives, including an internalized need for punishment or to save someone else’s face. In contrast, coerced false confessions directly result from police interrogations. While coerced-compliant confessions are made to avoid interrogation, escape the stressful situation, or achieve some other reward, coerced-internalized confessions emerge when a suspects begins to
((2015). 14th Amendment) Miranda v. Arizona case Ernesto Miranda was not given equal rights throughout his arrest. From the right to remain silent, self-incrimination, and to right to attorney these are the basic step to obtaining a proper way to arrest. This is lead to the Miranda Right’s “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?” (What Are Your…Rights? (2015).)
The Miranda rights were created in 1966 by the United States Supreme Court case of Miranda v. Arizona. The purpose of the Miranda warning is to protect all suspects’ “Fifth Amendment right to refuse to answer self-incriminating questions”(Miranda Rights, 2009). The Miranda rights are done once an arrest has been made or before the questioning occurs and then an officer is free to ask questions for the investigation. The suspect can either remain silent or answer the questions being asked. Suspects must be told their constitutional right to have an attorney and against self- incrimination before the questions.
These rights are the right for the suspect to be silent, and the right to an attorney during interrogations. These rights are still required to be read to criminal suspects to this day, to make sure that the Fifth and Sixth Amendments are followed. The U.S. Supreme Court made the Miranda Rights because there were many incidents of police violence to get confessions, which could lead to many false confessions. Also, with an attorney, suspects would no longer be afraid to tell their
The Miranda rights are the rights a police offer is required to say to someone when the officer arrests that person. It is the warning that officers of the law give suspects so they know about their rights before they are interrogated. It was a law made after the conclusions of the Miranda vs. Arizona case. The case was very close as it was a 5-4 decision. The court ruled that any type of evidence, whether it is incriminating or proof of innocence, can be used as evidence in a case; however it can only be used if the police let the suspect know that they have the right to an attorney before and during questioning and also that the suspect can be silent to avoid self-incrimination before an interrogation. It is now a staple when police arrests are made. In this paper, I will explain why I believe that the Miranda Rights are not necessary anymore.
The law enforcement official must obtain verbal or written verification that the criminal suspect understands his right to maintain silence. The law enforcement official must then say “Anything you do or say can and will be used against you in a court of law”. Again, the official must obtain verbal or written verification that the criminal suspects understands what is being said to them. The next statement is “You have the right to an attorney before speaking or have an attorney present during any questioning now or in the future. Again, verification of understanding must be established. That statement is then followed by “If you can’t afford an attorney one will be appointed for you before any questioning if you choose. The next Miranda right states that “ If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. The last Miranda right specifically asks “Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?” Again after each and every statement given by the law enforcement official verbal or written verification that the suspect understands must be obtained.
As a result of the Miranda case the police must give warnings to all suspects when they have to answer questions related to a criminal case. The Miranda warnings are based on the Fifth Amendment right to be protected from self-incrimination and the Sixth Amendment that gives all suspects the right to have an attorney. The Miranda Warnings consist of telling suspects that they have the right to remain silent, that anything they say can be used against them in a court of law, that they have the right to have an attorney present before and during questioning, and if they can’t afford an attorney one will be provided for them.
Once introduced as evidence, a confession causes a negative chain reaction in the justice system and law enforcers and justice officials often include their biases in their judgment, which leads to justice miscarriage. The process of false confession starts with the law enforcement officials (Leo & Davis, 2011). According to Kassin, Meissner, and ReNorwick (2005), investigators have a high confidence in knowing a true confession but their accuracy is the same as that of the public. The investigators do not see deception but rather they infer
Introduction There are several videos on internet talking about Miranda rights and how they can protect us from the police if we get arrested to us. Its famous warning is also repeated in countless police procedures on TV: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney
Anything you say can be used against you in a court of law. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. If you can not afford a lawyer, one will be appointed for you before any questioning if you wish. If you decide to answer questions now without a lawyer present you will have the right to stop answering until you talk to a attorney” (Miranda v. Arizona – Miranda warning.2006). It's important to notify a suspects rights during an interrogation and during an arrest. To protect them against self-incrimination and to inform his/her that they can have a lawyer present during an interrogation. A lot of people were against the Miranda rights because it interfered with the police officers job, however it is shown to have no impact on their job
Rule: Homicide: The legal definition of homicide is the intentional, premeditated taking of the life of another human being.